The open area of a door hinge frequently attracts the eyes and exploring fingers of small children and accounts for 55% of door related injuries. If the door closes while fingers are within this area, as much as 40 tons of pressure per square inch is created easily crushing or pulverizing human tissue, and amputating fingers.
It has been reported that according to the National Safety Council—Injury Facts 2011 Edition; U.S. Consumer Product Safety Commission's National Electronic Injury Surveillance System, that approximately 380,800 door related injuries occur in the United States every year. Door related injuries occur at a rate of 31,000 month, 1,000 every day, 42 every hour and 1 every 1.4 minutes. According to one study; Clinical Pediatric Study: “Children Treated in the United States Emergency Departments for Door-related Injuries, 1999-2008”, approximately eighty percent of door-related injuries occur to children in the home and approximately forty two percent of these children were under the age of four. Thousands of children every year are sent to the hospital with fractures, crushed and pulverized tissue or broken bones because portions of fingers and hands were caught in slamming doors.
Door injuries are very serious, disastrous, and potentially life changing. Amputations are a triple threat involving loss of function, loss of sensation, and loss of body image causing postoperative complications such as psychological problems, phantom pain, adverse emotional health, and needed psychosocial support. Individuals who earn their living from motor skills are especially vulnerable to amputations. Amputation in the preadolescent or adolescent age group is a great threat to emerging self image and sexual identity, and elderly amputees are at a greater risk for psychiatric disturbances such as depression, social isolation, new financial stringencies, and occupational limitations which complicate the adjustment to serious door hand injuries or finger amputations.
The true incidence of door-related injuries is underestimated because not all door related injuries are treated in hospital Emergency Departments and urgent care centers do not report statistics. Of the reported cases, tens of thousands of door related injuries result in finger amputations to children. Even one door injury is too many. Embodiments of the present invention can prevent most if not all of this type of injury.
The present invention will not only prevent injury to children by unintended door closings, but will mitigate real potential legal and financial liability to many public and private facilities. There are many potential legal theories under which these public and private facilities having known and foreseeably unsafe doors can be found legally liable for these injuries including: premises liability, landowner-occupier duties, general negligence, attractive nuisance doctrine, and products liability. For example, under the attractive nuisance doctrine, where the trespass of a child is likely, a landowner owes a duty to exercise ordinary care to avoid a foreseeable risk of harm posed by known dangerous artificial conditions, which result from the child's inability to appreciate the risk of harm. Many heavy commercial doors in commercial buildings readily attract children. Some of these doors and door surrounds have attractive shiny metallic finishes or bright colored paint baiting the eyes and fingers of child. Doors are easily accessible to the exploring fingers of young children who are unable to appreciate the dangerous condition.
Liability under the attractive nuisance doctrine can be imposed now that the inventor's known door hinge safety device can be installed at a small cost relative to overall door installation. Thus, the cost of eliminating the known dangerous artificial condition of the finger amputating door is not so burdensome and the duty to install should be afforded even with respect to child trespassers.
Landowner or occupier liabilities can be found significantly more easily than under the attractive nuisance doctrine since landowners or occupier liability extends to licensees and/or invitees when they are injured in the face of known and foreseeable risks posed to them.